Building projects that involve shared boundaries often lead to misunderstandings between neighbours. In Essex, the Party Wall etc. Act 1996 provides a clear legal framework designed to help protect each party’s rights and minimise disagreements before they turn into court battles.
Tasked with implementing the Party Wall Act is a party wall surveyor. Their role is to provide impartial advice and ensure statutory notices are served correctly. Moreover, they draft and issue party wall awards after an agreement has been struck between neighbours.
Hiring an Essex party wall surveyor is recommended before you break ground for construction work that touches shared property lines.
What Is a Party Wall and Why Does It Matter?
To provide a basic understanding, a party wall is a shared wall. Now, this doesn’t mean fences alone; it also includes walls separating office spaces, for instance. Building party walls create legal responsibilities for both neighbours.
If one party wants to construct or renovate near the shared wall, the Party Wall Act requires that the other neighbour be formally notified in advance. This is intended to ensure that the shared wall or neighbour’s property isn’t damaged. Moreover, it also prevents conflicts, which can escalate to costly legal cases or construction delays.
The Role of an Essex Party Wall Surveyor
A party wall surveyor is an expert appointed under the Party Wall etc. Act 1996. Their main role is to act as an impartial expert, offering advice to both parties and ensuring construction work proceeds legally and fairly for everyone involved.
Interpreting and Applying the Party Wall Act
The first order of business for an Essex party wall surveyor is to check if the proposed building work falls under the Party Wall Act. If it does, the expert’s role transitions into offering professional expertise to both parties.
The surveyor ensures compliance with statutory requirements, reducing the risk of disputes escalating into costly legal action.
Preparing and Serving Notices
Another task assigned to party wall experts is drafting and issuing party wall notices to the relevant neighbours. These notices inform adjoining owners of the intent to start construction work and invite them to agree and discuss. If a resolution cannot be reached, the surveyor activates a formal dispute-resolution process.
Preparing Party Wall Awards
If the parties involved cannot come to a mutual agreement, it is the party wall surveyor’s role to draft a party wall award. This is a legal document drafted as per the Party Wall etc. Act 1996. It details how the work should proceed, what protections are in place, and how issues like access, timing, and compensation should be handled.
Mediating Disputes
One of the major tasks an Essex party wall surveyor has in hand is to mediate and provide legal advice. The aim is to make sure disputes involving shared walls can be solved amicably without involving the courts.
A proper surveyor is required to be impartial and act in good faith to ensure both parties are heard and their concerns are addressed before a party wall award is issued.
Summing up
Party wall disputes can get ugly if you decide to go through with building your shared wall without involving an Essex party wall surveyor. Their role extends beyond drafting notices and awards, especially when dealing with tough neighbours.
